Grandparents'Rights of Access to their Grandchildren

If you are on bad terms with your former spouse or his or her family, remember that your children are still entitled to see all their family members. In principle, parents cannot, without serious grounds, prevent their children from maintaining personal relationships with their grandparents.

If it is difficult or impossible for grandparents to see their grandchildren, they can try to enforce their rights through the courts.

Grandparents who cannot have contact with their grandchildren and are unable to reach agreement with the parents on the matter may petition for rights of access to their grandchildren. This is done in court with the help of a lawyer.

When granting rights of access, the court always gives first consideration to the best interests of the children. Such rights, in the form of visits, telephone conversations, and so on, should allow the children to get to know their grandparents and develop emotional bonds with them.

Without just cause, parents cannot prevent their children from maintaining a relationship with their grandparents, although some situations can make this difficult, in particular:

the breakdown of the parents’ relationship;

the death of one of the parents;

a conflict between the parents and grandparents.

Opposition of parentsParents may oppose a petition for access rights, but only on serious grounds, such as:

the grandparents having a harmful influence on their grandchildren;

the grandparents being verbally or physically abusive toward their grandchildren.